A man swore to divorce his wife, intending the divorce, on the condition that she not greet his brother-in-law, and he wants to retract his oath; what is the ruling?
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The questioner : The last question, so that the time ends.The Shaykh : Yes, it remains.
The questioner : A man swore to divorce his wife that she would not greet his brother-in-law, due to a dispute between him and his brother-in-law. He swore that his wife would be divorced if she greeted his brother-in-law. Now, if the man has been in this situation for several years and wants to retract this oath, and at the time he made the oath he intended the divorce itself, meaning he intended that, what is the ruling?The Shaykh : If he wants to execute the divorce and make it effective or actual, he must bear witness to it. And I do not think that is the case. Therefore, there is no divorce upon him. And I understand that this is an oath of divorce, not a divorce.
The questioner: Yes.
The Shaykh : If that is the case and he broke his oath, he owes the expiation for the oath. That is to feed ten poor people if he is able, or otherwise to fast for three days.
The questioner : A man swore to divorce his wife that she would not greet his brother-in-law, due to a dispute between him and his brother-in-law. He swore that his wife would be divorced if she greeted his brother-in-law. Now, if the man has been in this situation for several years and wants to retract this oath, and at the time he made the oath he intended the divorce itself, meaning he intended that, what is the ruling?The Shaykh : If he wants to execute the divorce and make it effective or actual, he must bear witness to it. And I do not think that is the case. Therefore, there is no divorce upon him. And I understand that this is an oath of divorce, not a divorce.
The questioner: Yes.
The Shaykh : If that is the case and he broke his oath, he owes the expiation for the oath. That is to feed ten poor people if he is able, or otherwise to fast for three days.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
